Copyright Retention – Our Criteria
Copyright Retention – Our Criteria
Understanding Our Grading for This Section
For Copyright Retention, we rigorously assess how clearly and fairly your competition’s terms define copyright ownership. Our internal evaluation uses a 3 to 5-point scale, which translates to a clear star rating on our platform. It’s crucial to note that scores below 3 stars indicate a fundamental failure to meet our standards for fair practice, and will be displayed as “Non-Compliant” on your competition’s rating.
- Non-Compliant: For terms that fail to meet minimum standards.
- 3 Stars: Good Practice – Meets Expectations
- 4 Stars: Very Good Practice – Exceeds Expectations
- 5 Stars: Excellent / Exemplary Practice
Use this comprehensive guide to understand what defines each level of performance and to pinpoint areas for improvement in your competition’s terms.
Understanding Copyright: What Good Looks Like
Copyright is the fundamental legal ownership a photographer has over their creation. It inherently grants them comprehensive control over how their work is used, reproduced, and distributed. How your competition’s terms address copyright retention is absolutely paramount, as it directly dictates a photographer’s ability to control and financially benefit from their own work. Fair terms protect the artist; ambiguous or exploitative terms do not.
Exemplary Practice: ★★★★★ (5 Stars)
To achieve an exemplary rating, your competition terms must demonstrate:
States copyright is retained at all times, without exception.
Explicitly and unequivocally state that the photographer retains full and exclusive copyright of their submitted images.
Guarantee no copyright transfer or assignment occurs upon entry or winning.
This affirmation is positioned prominently (e.g., early in the terms) and is unambiguous.
Examples:
- “The photographer retains full copyright of their submitted images at all times.”
- “Copyright always remains with the photographer, who retains all rights to their work.”
- “No copyright transfer occurs upon entry or winning.”
Very Good Practice: ★★★★☆ (4 Stars)
To achieve a very good rating, your competition terms must demonstrate:
Easily discernible within the terms, even if not as prominent as a 5-star example.
Clearly state that the photographer retains copyright of their submitted images.
Phrasing is straightforward and unambiguous, providing solid reassurance of continued ownership.
Contains no implied transfer or assignment of rights.
Examples:
- “All copyrights for submitted photographs remain with the respective photographers.”
- “Entrant confirms they own the copyright, and copyright is not transferred by submission.”
- “Copyright of all entries is retained by the photographer.”
Good Practice: ★★★☆☆ (3 Stars)
To achieve a good rating, your competition terms must demonstrate:
While clear, it may not actively champion the photographer’s ownership.
Explicitly confirm the photographer’s copyright retention, ensuring they keep their rights.
Phrasing might be slightly less prominent or comprehensive than higher tiers, potentially requiring a closer read to find this essential detail.
Examples:
- “Photographer confirms ownership and retains all rights to the submitted image.”
- “The photographer’s copyright is not affected by entry into this competition.”
- “Entrants retain full intellectual property rights to their submitted work.”
Non-Compliant
- This category applies if your terms fundamentally violate a photographer’s rights regarding copyright retention, falling significantly below our compliance standards. This includes instances where:
- Copyright is explicitly transferred or assigned: Your terms state or unequivocally imply that full copyright is transferred, assigned, or entirely relinquished to your organisation or a third party upon entry or winning. This practice fundamentally contradicts the principle that creators retain their inherent ownership and control over their work.
- Significant issues with partial transfer or extensive waiver: Your terms contain language that could be interpreted as a partial transfer of copyright (implying shared ownership with your organisation), or demanding an extensive waiver of the photographer’s core economic rights associated with copyright. Even without explicit compensation, such clauses severely reduce the photographer’s control and ability to benefit from their work.
- Major ambiguity or silence on retention: Your terms are notably vague, incomplete, or largely silent on explicit copyright retention. Instead of clearly affirming the photographer’s ownership, the focus is predominantly on the extensive rights your organisation gains, creating crucial ambiguity about the photographer’s ultimate ownership status. This forces entrants to make assumptions about their rights, which is fundamentally unfair.
IMPORTANT LEGAL DISCLAIMER:
This content provides general best practices and illustrative examples for understanding photo competition terms. It is not legal advice. Competition organizers MUST seek independent legal advice from a qualified legal professional to draft, review, and ensure their specific Terms & Conditions comply with all applicable laws.
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